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Top Prospect Terms of Service for Prospects and Connectors
Last Updated Date: September 10, 2010
Top Prospect, Inc. ("Top Prospect" or "we") provides Top Prospect, an online application that connects employers with candidates for difficult-to-fill positions (the "Application") through our website, accessible at http://www.topprospect.com (the "Site"). Please read carefully the following terms and conditions ("Terms") and our Privacy Policy, which may be found at http://www.topprospect.com/about/privacy and which is incorporated herein by reference. These Terms govern your access to and use of the Site and the Application and, except as otherwise provided in these Terms, all text, graphics, images, audio, video, information or other materials available through the Site and Application ("Content"), and constitute a binding legal agreement between you and Top Prospect.
Certain areas of the Site and Application (and your access to or use of certain Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application or Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application or Content.
YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING ON THE "I AGREE" OR "I ACCEPT" BUTTON, OR ACCESSING OR USING THE SITE OR THE APPLICATION OR BY DOWNLOADING OR POSTING ANY CONTENT FROM THE SITE OR THROUGH THE APPLICATION, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED THROUGH THE SITE OR APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION OR CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
How the Site and Application Work
* Top Prospect provides a service that helps match employers ("Employers") seeking to fill specific positions with prospective employees ("Prospects") through the use of third-party individuals ("Connectors") who recommend Prospects for specific positions posted by Employers through the Site and Application.
* Connectors can view the positions available through the Site and Application and recommend Prospects whom the Connector believes are suitable candidates for each position by supplying Top Prospect with information about the Prospect, such as his or her name and email address, job history or other publicly available information from a social networking service (collectively, "Prospect Information"). Such Prospect Information is used to create a profile for the Prospect ("Profile"). You may recommend yourself as a Prospect if you wish.
* For Prospects: If a Connector recommends you for a position, you will receive an email from Top Prospect giving you the option to (1) visit the Site and Application, register to create an account ("Account") and confirm or update the Prospect Information about you provided by the Connector that is contained in your Profile or (2) request the deletion of any Prospect Information shared by the Connector with Top Prospect and your Profile and stop receiving emails from Top Prospect. Please note that your information will be publicly viewable in your Profile on Top Prospect from the moment the Prospect Information is provided to us by a Connector and your Profile is created, and even before Top Prospect emails you as described in the immediately preceding sentence, and will remain publicly available until you request that it be deleted. If you choose to confirm or update your Prospect Information and confirm your interest in a recommended position, your Profile information will be shared by Top Prospect with the Employer who posted the position for which the Connector recommended you. Your Profile will also be publicly viewable by other users of the Site and Application. You may limit the Profile information you share publicly on the Site and Application by logging into your Account and selecting the "Edit Privacy Settings" link from the "Edit My Profile" menu or other similar mechanisms made available on the Site and Application.
* For Connectors: To recommend individuals you know as Prospects for various positions posted by Employers on the Site and Application, you must first register to create an Account. After creating an Account, you may recommend Prospects for positions posted by Employers by providing Prospect Information to Top Prospect through the Site and Application. You will not use false identities, provide inaccurate information, impersonate any other person, or use a name that you are not authorized to use. If an Employer hires a Prospect you recommended via the Site and Application for any position, you may be entitled to a portion of a fee that Employers may pay to Top Prospect in this regard ("Connector Payment"). For more information on receiving a portion of a Connector Payment, please see "Payment for Successful Connections", below.
Account Registration
As described above, in order to access certain features of the Site and Application, you must register to create an Account and become a "User" of the Site and Application either as a Prospect or Connector. You can register to become a User via the Site or Application or by logging into your account with certain third party social networking sites ("SNS") (including, but not limited to, Facebook) via our Site or Application. If you decide to register by logging into an SNS via our Site or Application, we will obtain the personal information you have provided to the SNS (such as your "real" name, profile picture, email address and other information you make publicly available via the applicable SNS) from the account you have with such SNS and use that information to create your Account and Profile; the information we obtain may depend on the privacy settings you have with the SNS. You hereby consent to our access to and collection of such personal information about you.
We will create your Account and Profile for your use of the Site and Application based upon the personal information that you provide to us or that we obtain via an SNS which you log into via our Site or Application. Additionally, if you have been recommended by a Connector before creating your Account, we will use the Prospect Information provided by the Connector to create your Account and Profile. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Top Prospect reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify Top Prospect of any unauthorized use of your Account.
Eligibility
The Site and Application are intended solely for persons who are 18 or older. Any access to or use of the Site or Application by anyone under 18 is expressly prohibited. By accessing or using the Site or Application you represent and warrant that you are 18 or older. Top Prospect acts only as an interface to introduce and facilitate communication between Employers and Prospects and Top Prospect is not a party to any relationship or separate agreement entered into between Employers and Prospects, and disclaims any and all liability relating thereto. Connectors, Employers and Prospects are not employees, agents or contractors of Top Prospect. You may request to cancel your Account at any time by sending an email to deleteprofile@topprospect.com.
Modification
Top Prospect reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Application or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or through the Application or provide you with notice of the modification. We will also update the "Last Updated Date" at the top of the home page of the Site. By continuing to access or use the Site or the Application after we have posted a modification on the Site or through the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and the Application.
Without limiting other remedies, Top Prospect may at any time refuse to provide access to the Site or Application to you, without reason or notice to you. Such termination or suspension amounts to a termination by Top Prospect of these Terms (i) if Top Prospect suspects you have failed to comply with any terms or conditions of these Terms or any rules or policies established by Top Prospect or (ii) if Top Prospect suspects that your actions may be illegal or cause liability, harm or disruption to you, Employers, Prospects, Connectors, Top Prospect and any other Users of the Site or Application or third parties.
Payment to Connectors for Successful Connections
If you recommend a Prospect for a specific position posted by an Employer via the Site and Application, and such Prospect is hired by Employer for any position, as noted above, you may be entitled to a Connector Payment. The amount of your Connector Payment, if any, will depend on a variety of factors, including but not limited to how many Connectors recommended the Prospect for the particular position with the particular Employer. Please note that there is no guarantee that you will either be entitled to, or receive, a Connector Payment and any payment due to you hereunder is conditioned upon Top Prospect's receipt of payment from the Employer for the Prospect you recommended.
Connector Financial Information
If you are entitled to a Connector Payment, you may be required to provide certain financial information and personal information, including but not limited to your mailing address, to Top Prospect so that Top Prospect can pay you your Connector Payment. You agree to provide accurate, current and complete financial information and to update such information to keep it accurate, current and complete. Any Connector Payment owed to you will be paid in United States dollars.
Privacy
See Top Prospect's Privacy Policy at http://www.topprospect.com/about/privacy for information and notices concerning Top Prospect's collection and use of your personal information.
Your Relationship with Top Prospect
Top Prospect acts only as a service that facilitates the sharing of information among Connecters, Prospects and Employees. Top Prospect does not represent or warrant that any information obtained via the Site or Application is accurate, error free or that it is up to date. Top Prospect does not endorse, recommend, or guarantee any Employer or Employer's willingness or ability to hire any individual via the Site and Application, and nothing will be considered an endorsement, recommendation, warranty or guarantee of the foregoing by Top Prospect. Top Prospect has no control over content posted by Employers, the quality, safety or legality of any Prospect Information or Employer information posted, the truth or accuracy of any such information, and/or the ability of Employers to offer job opportunities to Prospects or the ability of Prospects to fill job openings. In addition, Top Prospect makes no representations about any jobs, Prospect Information or other information on the Site or Application. Top Prospect will not be held responsible, and disclaims all responsibility, for any Employer listings or Connector or Prospect Information shared via the Site and Application that fail to comply with applicable laws or regulations.
Your Relationship with Employers and Other Users
There is no guarantee that Top Prospect can match Prospects with Employers. Your contractual rights regarding your relationship with Employers are governed by any contract you enter with the relevant Employer, if any. You are solely responsible for your interactions with Employers and other Users and will exercise caution, discretion, common sense and judgment in, using the Site or Application and disclosing personal information to Employers, other Users and Top Prospect. You agree to take reasonable precautions in all interactions with Employers and other Users, particularly if you decide to meet with an Employer or other User in person. Your use of the Site and Application is at your sole risk and discretion and Top Prospect hereby disclaims any and all liability to you or any third party relating thereto.
Top Prospect is not responsible, and disclaims all responsibility, for the use or exchange of any information, services or files among Top Prospect Users, including but not limited Employers, Connectors and Prospects. Further, Top Prospect does not control, nor is it responsible for, the truth, accuracy, completeness, safety, timeliness, quality, appropriateness, legality or applicability of anything said or written by Users including without limitation, any information contained in Employer listings or any Prospect Information, Profiles, User feedback, or any information made available through the Site or Application that is provided by Users. Top Prospect assumes no responsibility for monitoring any User feedback or otherwise policing its users in any way.
Ownership
The Site, Application and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, Top Prospect and its licensors exclusively own all right, title and interest in and to the Site, Application and Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application or Content.
Content License
Subject to your compliance with the terms and conditions of these Terms, Top Prospect grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access and view any Content solely for your personal and non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Application or Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Top Prospect or its licensors, except for the licenses and rights expressly granted in these Terms.
User Content
As a User, you may post, upload, publish, submit or transmit text, graphics, images, information or other materials to be made available through the Site and Application ("User Content"). By making available any User Content through the Site and Application, you hereby grant to Top Prospect a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content only on, through or by means of the Site and the Application. Top Prospect does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the Site or Application. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Site or Application or you have all rights, licenses, consents and releases that are necessary to grant to Top Prospect the rights in such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Top Prospect's use of the User Content (or any portion thereof) on, through or by means of the Site and the Application will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Feedback
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Application ("Feedback"). You may submit Feedback by emailing us at feedback@topprospect.com or clicking the "Feedback" button on the Site and Application. You acknowledge and agree that all Feedback will be the sole and exclusive property of Top Prospect and you hereby irrevocably assign to Top Prospect and agree to irrevocably assign to Top Prospect all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At Top Prospect's request and expense, you will execute documents and take such further acts as Top Prospect may reasonably request to assist Top Prospect to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
General Prohibitions
You agree not to do any of the following:
* Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i)infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v)promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person (vii) promotes illegal or harmful activities or substances; (viii) or is inaccurate or untrue.
* Circumvent or attempt to circumvent Top Prospect by contacting Employers that you discover through the Site or Application other than through the Site or Application;
* Use any information obtained from the Site or Application unless you are seeking employment and career information, recommending others for job postings or an employer seeking an employee;
* Use, display, mirror or frame the Site or Application, or any individual element within the Site or Application, Top Prospect's name, any Top Prospect trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Top Prospect's express written consent;
* Access, tamper with, or use non-public areas of the Site or Application, Top Prospect's computer systems, or the technical delivery systems of Top Prospect's providers;
* Attempt to probe, scan, or test the vulnerability of any Top Prospect system or network or breach any security or authentication measures;
* Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Top Prospect or any of Top Prospect's providers or any other third party (including another user) to protect the Site, Application or Content;
* Attempt to access or search the Site, Application or Content or download Content from the Site or Application through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Top Prospect or other generally available third party web browsers;
* Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
* Use any meta tags or other hidden text or metadata utilizing a Top Prospect trademark, logo URL or product name without Top Prospect's express written consent;
* Use the Site, Application or Content for any commercial purpose or the benefit of any third party or in any manner except as permitted by these Terms;
* Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Application or Content to send altered, deceptive or false source-identifying information;
* Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Application or Content;
* Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site or Application;
* Collect or store any personally identifiable information from the Site or Application from other users of the Site or Application without their express permission;
* Impersonate or misrepresent your affiliation with any person or entity;
* Violate any applicable law or regulation; or
* Encourage or enable any other individual to do any of the foregoing.
Top Prospect will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Top Prospect may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Top Prospect has no obligation to monitor your access to or use of the Site, Application or Content or to review or edit any User Content, but has the right to do so for the purpose of operating the Site and Application, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Top Prospect reserves the right, at any time and without prior notice, to remove or disable access to any Content, including, any User Content, that Top Prospect, at its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Site or Application.
Copyright and IP Policy
Top Prospect respects copyright law and expects its users to do the same. It is Top Prospect's policy to terminate, in appropriate circumstances, the Accounts of registered Users who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Top Prospect's Copyright and IP Policy at http://www.topprospect.com/about/copyright for further information.
Links
The Site and Application may contain links to third-party websites or resources. You acknowledge and agree that Top Prospect is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Top Prospect of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Disclaimers
THE SITE, APPLICATION AND CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, TOP PROSPECT EXPLICITLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, APPLICATION AND CONTENT AND ALL COMMUNICATIONS AMONG USERS (INCLUDING BUT NOT LIMITED TO THOSE THROUGH THE SITE AND APPLICATION), INCLUDING ANY IMPLIED WARRANTY OF QUALITY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. YOU HEREBY AGREE TO RELEASE TOP PROSPECT FROM ANY DAMAGES OR CLAIMS IN ANY WAY CONNECTED WITH EMPLOYERS OR OTHER USERS OF THE SITE OR APPLICATION. TOP PROSPECT MAKES NO WARRANTY THAT THE SITE, APPLICATION OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. TOP PROSPECT MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SERVICES OR CONTENT OBTAINED THROUGH THE SITE OR APPLICATION OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE OR APPLICATION.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TOP PROSPECT OR THROUGH THE SITE, APPLICATION OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR APPLICATION AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR APPLICATION. YOU UNDERSTAND THAT TOP PROSPECT DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SITE OR APPLICATION, NOR DOES TOP PROSPECT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR APPLICATION. TOP PROSPECT MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR APPLICATION OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR APPLICATION. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR APPLICATION AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR APPLICATION, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
Indemnity
You agree to defend, indemnify, and hold Top Prospect, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Application or Content, or your violation of these Terms.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION AND CONTENT REMAINS WITH YOU. Top Prospect will not be liable for any incidental, special, exemplary or consequential damages, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, arising ouT of or in connection with thESE TERMS or from the use OF or inability to use the SITE, Application OR CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF the SITE OR APPLICATION OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR APPLICATION, whether based on warranty, contract, tort (including negligence), PRODUCT LIABILITY or any other legal theory, and whether or not TOP PROSPECT has been informed of the possibility of such damage, EVEN IF A limited REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PUrPOSE.
In no event will Top Prospect'S aggregate liability arising out of or in connection with THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION OR CONTENT EXCEED THE AMOUNTS TOP PROSPECT HAS PAID YOU AS A CONNECTOR OR ONE HUNDRED DOLLARS ($100), IF TOP PROSPECT HAS MADE NO PAYMENTS TO YOU, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TOP PROSPECT AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
All trademarks, service marks, logos, trade names and any other proprietary designations of Top Prospect used herein are trademarks or registered trademarks of Top Prospect. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between Top Prospect and you regarding the Site, Application and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Top Prospect and you regarding the Site, Application and Content.
Any notices or other communications permitted to required hereunder, including those regarding modifications to these Terms, will be in writing and given: (i) by Top Prospect via email (in each case to the address that you provide) or (ii) by posting to the Site or through the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
General
The failure of Top Prospect to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Top Prospect. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Contacting Top Prospect
If you have any questions about these Terms, please contact Top Prospect at questions@topprospect.com.
